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TILLES INVESTMENT CO. v. GULOTTA

288 A.D.2d 303 (2001)

733 N.Y.S.2d 438

TILLES INVESTMENT CO. et al., Respondents, v. THOMAS S. GULOTTA, as Nassau County Executive, et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 13, 2001.

Ordered that the order is reversed insofar as appealed from, the motions are granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the plaintiffs failed to state a claim that RPTL article 18 violates the Equal Protection Clauses of the United States Constitution and the New York State Constitution, NY Constitution, article XVI, § 2, Nassau County Charter § 603, and RPTL 305 (2); and it is further,

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